Decriminalizing HIV in Pennsylvania
Prostitution is a misdemeanor in Pennsylvania, unless the person charged has HIV, and then it’s a felony, even if there was no physical contact.
Section 5902(a.1)(4) of Title 18 of the Pennsylvania Consolidated Statutes grades prostitution as a:
“Felony of the third degree if the person who committed the offense knew that he or she was human immunodeficiency virus (HIV) positive or manifesting acquired immune deficiency syndrome (AIDS).”
In Pennsylvania, felony charges are more serious than misdemeanor charges, potentially leading to longer prison sentences, fines, and other consequences like loss of voting rights or difficulty finding employment, while misdemeanors carry lighter penalties, like fines, probation, or short jail time.
In 2024, Senator Vincent Hughes and Representatives Ben Waxman and Malcolm Kenyatta introduced Senate and House bills respectively, that would eliminate this felony grading and in doing so remove the last reference to HIV in the Pennsylvania Criminal Code.
The House Bill was referred to the Judicial Committee, but didn’t make it to a hearing before the session ended. The legislature recessed sine die, and bills that did not pass died.
On February 20, 2025, Representative Waxman reintroduced the bill, now HB 632 and it was referred to the Judiciary Committee.
On February 10, 2024, Senator Hughes announced his intentions to reintroduce the Senate Bill.
2023-2024 Legislative Session
2025-2026 Legislative Session
- Senator Vincent J. Hughes Co-Sponsorship Memorandum
- HB 632